FMC & DoJ Sign MoU on Antitrust Issues

Closer ties between the Federal Maritime Commission and the Department of Justice Antitrust Division are expected as the agencies continue to discuss and review law enforcement and regulatory matters affecting competition in the shipping industry.

The FMC and the DoJ recently signed an interagency Memorandum of Understanding (“MOU”) to foster increased cooperation and communication in their respective oversight and enforcement responsibilities of the ocean liner shipping industry.

FMC Chairman Daniel Maffei and Acting Assistant Attorney General Richard Powers signed the first-ever MOU between the two agencies on July 12. The MOU comes in succession to the Executive Order addressing competition issued Friday, July 9 by President Biden.

The MOU establishes a framework for the FMC and the Antitrust Division to continue regular discussions and review law enforcement and regulatory matters affecting competition in the shipping industry. The MOU also provides for information and expertise exchanges between the agencies that may be relevant and useful in meeting their oversight and enforcement responsibilities. Such exchanges would be conducted in a manner appropriate and consistent with applicable legal and confidentiality restrictions.

“The Federal Maritime Commission has an important enforcement role as an economic regulator of a vital industry. As such, we will continually assess how the agency can improve its capacity to protect the integrity of the marketplace. This memorandum between the Commission and the Department of Justice supplements and strengthens the FMC’s ability to detect, address, and pursue violations of the law or anticompetitive behavior by those we regulate,” said Chairman Maffei.

“Collaboration between the Antitrust Division and the FMC is important to ensuring healthy competition in the maritime industry,” said Acting Assistant Attorney General Powers. “Our partnership with the FMC is one of the many ways in which the Antitrust Division is prepared to play its role in achieving the competition objectives of the President’s Competition Executive Order.”

AP Tariffs Jumps to 7th Spot as Largest FMC Tariff Publisher

Atlantic Pacific Tariffs Inc. (AP Tariffs) recorded 14 new clients for the month of May, climbing up to the 7th spot in the list of the largest FMC tariff publishers in the country. Based in Florida, AP Tariffs utilizes breakthrough technology to make a platform that significantly reduces filing labor costs and increases compliance at the same time. What sets AP Tariffs apart from other tariff publishers is its FMC compliance management service. AP Tariffs provides its clients with free compliance consultation (up to 2 hours/month) to help customers avoid FMC compliance penalties (up-to $12,363 per occurrence). AP Tariffs has an extensive experience in FMC Rules, Regulations, Processes, Procedures, Audits, and Licensing Requirements for Ocean Transportation Intermediaries (OTIs). It has earned praise from its new and long-term clients. "We are quite impressed with your level of service and knowledge," Gerald Hess, President of Ambercor Shipping Inc., noted in one of his emails to AP Tariffs. AP Tariffs provides continued support to its clients whenever they need consultation throughout its operations. "We make it a point to be always available for our clients. We call them on the phone to help them solve FMC-related issues or we schedule online meetings via Zoom to discuss the best way for them to stay compliant with FMC rules and regulations. We want our clients to stay compliant and succeed in their businesses so we can build a long-term partnership with them," Pierre Larenas of AP Tariffs said. Non-clients can also avail of a FREE 30-minute compliance consultation (available in SPANISH and English). Contact AP Tariffs today!

Pierre Larenas Pierre@aptariffs.com 305-610-2244 Mauricio Larenas Mauricio@aptariffs.com 954-461-6152

FMC Votes to Implement National Shipper Advisory Committee

Exporters and importers will soon have a stronger voice in the Federal Maritime Commission in the form of a National Shipper Advisory Committee, which the FMC is working to implement. On May 19, the Commission voted to publish and file the Charter necessary to formally establish the National Shipper Advisory Committee. Qualified candidates may soon apply to be appointed to the Committee.

The National Shipper Advisory Committee will consist of 24 members, evenly divided between exporters and importers. The Committee was created as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (H.R. 6395) to ”… advise the Federal Maritime Commission on policies relating to the competitiveness, reliability, integrity, and fairness of the international ocean freight delivery system.”

A notice will be published in the Federal Register soliciting nominations and outlining qualifications of applicants, obligations of Committee members, and steps for how to apply for membership. The solicitation should be published soon in the Federal Register and on the Commission’s website. Commissioner Rebecca F. Dye welcomed the development noting that she highlighted the need to form a Shipper Advisory Board as one of her final recommendations at the conclusion of Fact Finding 28 was . "I am grateful for the support this initiative had in both the Senate and the House and for its inclusion in last year’s National Defense Authorization Act. I encourage individuals with original ideas and a desire to lead to submit applications to be members of this Committee. There is no shortage of issues demanding the Commission’s attention. I am confident that with the right mix of people serving on the Advisory Committee, we can make meaningful progress in addressing those that are most urgent for the benefit of America’s freight delivery system," she said.